The Petitioner’s legal counsel attending the preliminary hearing of the judicial review of Law No. 2 of 2011 on Political Parties, Friday (8/1/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Former legislative candidate Mochamad Tommy Adrianto has filed a judicial review of Law No. 2 of 2011 on Political Parties with the Constitutional Court, challenging the constitutionality of Article 2 paragraphs (1) and (1a), and Article 3 paragraph (2) letter c. He aims to establish a new political party after repeatedly failing to secure a legislative seat.

“The underlying motivation of this petition is a genuine intent to build a political party as a channel of political expression,” said his legal counsel, Glen Carson Paulus, at the preliminary hearing of Case No. 122/PUU-XXIII/2025 on Friday, August 1, 2025.

According to the Petitioner, the existing political party requirements are discriminatory and obstruct citizens’ constitutional rights. He cited that Article 2 paragraph (1) requires a minimum of 30 founders aged at least 21 or married from each province; paragraph (1a) mandates registration by at least 50 founders through a notarial deed; and Article 3 paragraph (2) letter c requires party structures in all provinces, at least 75% of regencies/municipalities, and 50% of subdistricts therein.

The Petitioner claims these provisions hinder the formation of grassroots political parties and contrast with the privileges given to Aceh, which legally recognizes local parties. He bases his petition on Articles 27(1), 28D(1), 28E(3), and 281(2) of the 1945 Constitution.

“After several unsuccessful runs for office, the Petitioner felt compelled to convey his political aspirations in a more structural way by forming a new political party. However, the existing statutory provisions pose major hurdles that prevent him from doing so,” Glen added.

The Petitioner requested the Court to declare the contested provisions unconstitutional and to revise them with more feasible requirements, including lowering the minimum number of founders to 15 from at least one province, requiring only three representatives for registration, and lowering administrative structure thresholds to 50% of regencies and 25% of subdistricts in one province.

The panel, chaired by Chief Justice Suhartoyo alongside Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah, reminded the Petitioner to clearly explain how these norms directly impair his constitutional rights.

“You’re asking for the thresholds to be lowered. You need to clearly demonstrate how the current norms have caused you harm in the context of your intention to establish a political party,” said Chief Justice Suhartoyo.

He concluded the hearing by granting the Petitioner 14 days to revise the petition, with hard and soft copies to be submitted no later than Thursday, August 14, 2025, at 12.00 p.m. WIB.

Author: Mimi Kartika
Editor: N Rosi
PR: Fauzan F.

Translator: Yuanna Sisilia

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

Also read:  Case No. 122/PUU-XXIII/2025 Petition Document

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